1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY INSTAGRAM.
3. Sweepstakes Period: The Sweepstakes begins at 9:00:00 am Eastern Time (“ET”) on November 15, 2023 and ends at 11:59:59 pm ET on November 20, 2023 (the “Sweepstakes Period”).
4. How to Enter: To enter, during the Sweepstakes Period, an Instagram or Facebook account, a web-enabled mobile device (e.g., iPhone/iPad/iPod Touch, Android, etc.) (each, an “Eligible Device”), and Internet access are required for entry. If you don’t already have an Instagram or Facebook account, visit www.instagram.com or www.facebook.com to create one. Please note that you must agree to comply with the Instagram/Facebook Terms of Service (http://instagram.com/legal/terms/)(https://www.facebook.com/legal/terms) in order to create your Instagram/Facebook account. It is free to create an account. Entrants must have their account settings set to public and be a follower of the Green Mountain Coffee Roasters account at @greenmtncoffee and Kevin Costner at @kevincostnermodernwest. There are two (2) ways to enter:
Method A: To enter, during the Sweepstakes Period, you must comment in response to @kevincostnermodernwest Instagram post asking fans to reply to the post with their favorite coffee flavor. Your comment must include #GMCRxKevinCostnerSweepstakes
Method B: To enter, during the Sweepstakes Period, you must comment in response to Kevin Costner & Modern West Facebook post asking fans to reply to the post with their favorite coffee flavor. Your comment must include #GMCRxKevinCostnerSweepstakes
All hashtags/content submitted shall herein be referred to as the entry (the “Entry”). There is a limit of one (1) Entry per person, per day throughout the Sweepstakes Period. Multiple participants are not permitted to share the same email address or Instagram account. Incomplete Entries, Entries generated by script, macro or other automated means, Entries that do not fully comply with these Official Rules, including, without limitation the submission guidelines (“Submission Guidelines”) detailed below, or Entries which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. Proof of submission of post does not constitute proof of delivery or Entry during the Sweepstakes Period. Entries received from any person, regardless of email address used, in excess of the above stated limitation, will be void. All Entries must be received during the Sweepstakes Period to be eligible. The computer clock of the Administrator is the official timekeeping device. If an entrant submits their Entry via SMS from a wireless phone, the entrant’s wireless service provider may charge the entrant for each text message sent. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Using the above referenced hashtag in your post constitutes your consent to these Official Rules. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor, and not to Instagram.
5. Submission Guidelines: Each Entry that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any Entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize.
The Entry MUST, in the sole discretion of Sponsor:
- Be written in English;
The Entry must NOT, in the sole discretion of Sponsor:
- Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission;
- Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Sweepstakes;
- Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which participant has a limited license to use for this Sweepstakes;
- Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figure, living or dead, without permission;
- Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;
- Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contain material that is unlawful, in violation of or contrary to applicable laws or regulations; and/or
- Contain material in which the Released Parties do not wish to associate themselves with, in their sole discretion.
6. Prize Drawing/Prize/Actual Retail Value (“ARV”): On or about three (3) business day after the Sweepstakes Period had ended, Administrator, an independent judging agency, shall perform a prize drawing, from among all Entries, in order to select ten (10) prize winners (“Prize Winners”). Once confirmed as detailed below, the Prize winners will each win one (1) of the ten (10) GMCR coffee mug signed by Kevin Costner (ARV: $3.55). The total ARV of all prizes available to be awarded in the Sweepstakes is thirty five dollars with fifty cents (ARV: $35.50). In the event there are not enough eligible Entries to award the prize, Sponsor retains the right to not award the Prize. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning the Prize are dependent upon the total number of eligible Entries received during the Sweepstakes Period. No transfer or substitution for the Prize, will be permitted.
7. Prize Winner Notification/Verification: Potential Prize winner must comply with these Official Rules as published in order to be confirmed as an official winner and accept their Prize. Sponsor and/or Administrator will not accept any screen shots or other proof in lieu of their verification process, and all decisions of Sponsor/Administrator are final and binding. On or about one (1) day after the Prize Drawing Sponsor or Administrator will notify the potential Prize winner via Instagram or Facebook Private Message and will be asked to provide additional information back to the Sponsor/Administrator, including email address (note: in order to receive such direct message, you may have to have your account settings set to “unprotected” or “public”). Potential Prize winner must respond within two (2) calendar days of such attempted notification, or the prize will be forfeited, and an alternate potential Prize winner will be selected and notified. Sponsor will attempt to contact the potential Prize winner two (2) times during a two (2) calendar day period. Noncompliance within this time period or return of Prize/Prize notification as undeliverable will result in disqualification without further notice and an alternate winner may be selected, from among remaining eligible Entries, if any.
8. General Terms/Limitation of Liability: Noncompliance with any of these Official Rules may result in disqualification. Sponsor assumes no responsibility for late, lost, jumbled, incorrect, or inaccurate posts/Entries, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error. Sponsor is not responsible for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or other services, providers, computer equipment, software, failure of any e-mail, technical problems or traffic congestion on the Internet or at any website (including Instagram), including, without limitation, any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error(s) in administration of the Sweepstakes, or in the announcement of the Prize winner. Sponsor reserves the right to cancel or modify the Sweepstakes for any reason, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to select the Prize Winners from among all eligible Entries submitted prior to cancellation. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated Entries, comments, posts and statuses are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated Entry; (ii) to have tampered with the participation process or the operation of this Sweepstakes; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree that the Released Parties, and Instagram, (a) shall not be responsible or liable for, and hereby release the Released Parties, and Instagram from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use the Prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. The Released Parties, and Instagram shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Released Parties. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY PARTICIPANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. In the event that a court, or other tribunal of competent jurisdiction, shall hold any of the provisions of these Official Rules to be illegal, invalid, or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
9. Governing Law/Venue: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS”). THE ORIGINAL DONUT SHOP X KELSEA BALLERINI SWEEPSTAKES RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
10. Request for the Name of Winner and/or Official Rules: For the name of the winner, available after the Sweepstakes Period has ended, send a self-addressed stamped envelope, to be received by 9/1/23, to: GMCR with Kevin Costner Social x KCOM Sweepstakes Winner, c/o Sunflower Group, PO Box 7775 Cumberland, RI 02864.
11. Sponsor: Keurig Green Mountain Inc., 53 South Avenue, Burlington MA 01803.